INININ THE HIGH COURT OF JUDICATURE AT…
The civil application for restoration is allowed. The appeal is to be placed along with the application for condonation of delay.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 2819 OF 2007
IN
FIRST APPEAL (ST) NO. 30897 OF 1998
M/s. Prabhakar Engineers Pvt.Ltd....Applicant.
Vs.
Employees State Insurance Corp....Respondents.
Mr. S.R.Nargolkar for the applicant.
Mr. P.M. Palshikar for the respondents.
CORAM : ANOOP V. MOHTA,J.
DATED : 4th September, 2007
P.C.
1. By order dated 4th February, 2004 the Additional
Registrar had dismissed the first appeal which was on
stamp number, as there was an application for
condonation of delay was under objection. The learned
counsel appearing for the applicant pointed out that
the said application was filed alongwith an affidavit
of one Mr. P.V.Joshi which was endorsed by Mr.
P.K.Sonawane dated 6th September, 1998. In view of
the fact that as there was affidavit already filed
alongwith this application, there should not have been
the impugned order to dismiss the appeal alongwith the
application for condonation of 7 day’s delay in filing
( 2 )
the present appeal.
2. The respondent when received the notice of
recovery on 29th May, 2007, the present application
for restoration has been filed on 31st May, 2007. The
present application in this background is within
limitation from the date of knowledge. As noted,
party cannot be compelled to suffer because of the
impugned order, as there was no such objection ought
to have been raised as the affidavit was part of the
record.
3. Taking all this into account, I am of the view
that, there is a sufficient cause shown by the
applicant to grant the application. In view of this,
the present application is allowed in terms of prayer
clauses (a) and (b).
4. Appeal be placed alongwith Civil application for
condonation of delay in next week.
M/s. Prabhakar Engineers Pvt.Ltd.
Employees State Insurance Corp.
As recorded by the court registry
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